SHOMO et ux. v. DERRY BOROUGH

Appeal, No. 800 C.D. 1971.

5 Pa.Commw. 216 (1972)

Shomo, et ux. v. Derry Borough.

Commonwealth Court of Pennsylvania.

April 7, 1972.


Attorney(s) appearing for the Case

John M. Campfield, with him Henry E. Shaw and Scales & Shaw, for appellant.

William C. Stillwagon, with him Leonard R. Reeves, for appellees.

Argued February 22, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE KRAMER, April 7, 1972:

This is an appeal from an Order of the Court of Common Pleas of Westmoreland County declaring as unconstitutional certain provisions of Derry Borough Ordinance No. 381 insofar as they are applicable to mobile homes.

The record indicates that the realty located at 215 Chestnut Street, Derry Borough, was owned by appellees' family since 1934. In 1965, Edward E. and Nancy L. Shomo (husband and wife) purchased the above...

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